High Court Says Worker's Status as Employee or Contractor Is Not for Jury to Decide

The Alaska Supreme Court unanimously ruled that the estate of a worker who brought a common law negligence action against the entity for whom he worked was not entitled to a jury trial on the question of whether he was an employee or independent contractor. Case: Seal v. Welty, Nos. S-18244 and 7649, 04/28/2023, published. Facts: Nicholson Tinker worked for Mark Welty. He died in a work-related accident when a retaining wall at a construction site collapsed on him. Neither Welty nor the building owner had workers' compensation coverage at the time of Tinker’s death. Proc...